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RESOLUTION NO. 3773
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, DENYING CONDITIONAL USE
PERMIT 01-008 A REQUEST TO PLACE A MODULAR
BUILDING FOR A TEMPORARY OFFICE TRAILER FOR A
PERIOD OF TWELVE (12) MONTHS AT THE PROPERTY
LOCATED AT 12575 NEWPORT AVENUE.
The Planning Commission hereby finds and determines as follows:
That Condition No. 1.8 of Resolution No. 3765 adopted by the
Planning Commission on January 8, 2001, required that the applicant
submit a complete Conditional Use Permit application to establish a
temporary office use by January 23, 2001.
That on January 28, 2001, the applicant was granted a thirty (30) day
Temporary Use Permit to locate the modular building on site in
accordance with required Uniform Building Code setbacks. Conditions
of approval required that the applicant provide six (6) parking spaces, a
path of travel, site access, and temporary pavement. The applicant
agreed to conditions of approval which included electing not to submit
a Conditional Use Permit to extend the thirty (30) day Temporary Use
Permit.
That the Temporary Use Permit expired on February 27, 2001, the
required site amenities including the parking, path of travel, access,
and paving were not provided, and the modular building has not been
removed.
That on March 13, 2001, a proper application, Conditional Use Permit
01-008, was filed by Steve McKinlay requesting authorization to place
a modular building for a temporary office for a period of twelve (12)
months at the property located at 12575 Newport Avenue.
That a public hearing was duly called, noticed, and held on said
application on April 9, 2001, by the Planning Commission.
That the location, construction, establishment, maintenance, and
operation of a temporary office within a modular building will be
detrimental to the health, safety, morals, comfort, or general welfare of
the persons residing or working in the neighborhood of such proposed
use, or be injurious or detrimental to the property and improvements in
the neighborhood of the subject property or to the general welfare of the
City of Tustin, as evidenced by the following findings:
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Resolution No. 3773
CUP 01-008
Page 2
3.
4.
5.
6.
The proposed access to the site extends beyond the property line.
The portion of the access located on the applicant's properbj does
not provide the minimum width requirements for a driveway.
Therefore, the necessary access to the site for the temporary use
is not provided.
The proposed access does not comply with the Americans with
Disabilities Act (ADA). A path of travel that meets ADA
requirements is required from the parking lot to the building and
future sidewalk along Newport Avenue. Such access is not
proposed.
The proposed location of the modular structure and lack of
permanent site amenities would inhibit timely development of the
site and cause a delay in the occupancy of the first building
constructed. The adjacent properly owner intends on constructing
and occupying the building to the north by June 2000. In
accordance with Condition No. 2.2 of Resolution No. 3766, the
site amenities including parking, landscaping, curbing, trash
enclosure, and signage for both parcels must be constructed prior
to occupancy of the first completed building.
The size (24 feet by 44 feet) and use of the modular building
precludes it from being considered a construction trailer.
Construction trailers are typically located on a development site
when construction begins. Construction trailers are small in size to
allow for maneuverability and do not obstruct or impede
construction activities. In addition, the applicant, Steve McKinlay,
is not the general contractor for the construction of Dr. Shepherd's
building and therefore should not need a construction trailer or
modular office building on site to oversee the first phase of the
construction project.
Typically modular structures used for temporary office purposes
are incidental to a permanent office building. There are no other
authorized temporary office uses conducted within a modular
building which is not associated with a permanent structure within
the City of Tustin. Approving the modular building for an
extended temporary office use would grant a benefit that other
property owners who are required to construct permanent facilities
do not enjoy.
Permanent offices for contractors within the Newport Warren
Specific Plan area are conditionally permitted uses due to the
potential for adverse impacts to the surrounding area. An
extended temporary contractor's office use also has the potential
to adversely impact the surrounding area. Since the proposed
modular structure is not screened or buffered from the adjacent
residential properties, adjoining properties will suffer a loss of
Resolution No. 3773
CUP 01-008
Page 3
o
privacy and an increase in activity, which is not sufficiently
mitigated.
The proposed modular building does not comply with the Newport
Warren Planned Community Design Guidelines which states the
following:
3.4 (G)2.
Architectural elevations from arterial and collector
streets should achieve a single family residential
character through architectural design and control of
building bulk, setbacks, and spacing of buildings.
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10.
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Continuous fiat roofs and mansard roofs are
discouraged. Peaked roofs such as gable, hip, or
shed roofs are appropriate for the desired character.
Variety in roof design within each building is
encouraged.
The reflectivity of all exposed surfaces (walls, roofs,
windows, frames, and paved surfaces) should be
mitigated by such devices as overhangs, awnings,
trellises, plantings, and similar features.
... no windows on walls facing residential uses.
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15.
Site design and architectural treatment of building
site edges within neighboring residential uses
should be sensitively treated in order to preserve
the privacy of residents of both sites.
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16.
Building orientation should be sensitive to
minimizing intrusion upon the privacy of users of
adjacent properties either within buildings or extedor
living spaces.
The proposed use inconsistent with the following issues included
within the City of Tustin General Plan:
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The intermixing of land uses in some areas without adequate
buffering has resulted in land use incompatibilities, such as
those related to scale, noise, and traffic. A specific type and
example of incompatible land uses includes the following:
Commercial uses abutting residential development without
adequate buffering.
The proposed use is inconsistent with Policy 4.6 of the City of
Tustin General Plan which states:
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Resolution No. 3773
CUP 01-008
Page 4
4.6
Maintain and enhance the quality of healthy residential
neighborhoods, and safeguard neighborhoods from
intrusion by non-conforming and disruptive uses.
That the project is not subject to the California Environmental Quality
Act (CEQA) pursuant to Section 15270 of Title 14, Chapter 3 of the
California Code of Regulations (Guidelines for the California
Environmental Quality Act) which states that projects that are rejected
or disapproved by a public agency are not subject to CEQA.
II.
The Planning Commission hereby denies Conditional Use Permit No. 01-008,
a request :to place a modular building for a temporary office trailer for a period
of twelve (12) months at the property located at 12575 Newport Avenue.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 9th day of April, 2001.
ELIZABETH A. BINSACK
Planning Commission Secretary
-Lesqie A. Pontious
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
Resolution No. 3773 was duly passed and adopted at a regular
meeting of the Tustin Planning Commission, held on the 9m day of
April, 2001.
ELIZABETH A. BINSACK
Planning Commission Secretary
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